Venezuelan citizens in Spain: how to regularise residence in 2026

A significant number of Venezuelan citizens in Spain obtained their residence authorisation under the humanitarian protection provided for in Article 126 et seq. of the former Immigration Regulations implementing Organic Law 4/2000 (Royal Decree 557/2011), and today under Royal Decree 1155/2024, which replaces it. These authorisations have an initial duration of one or three years and are renewable, but renewal is not automatic: it requires proof that the requirements are still met and that the application is filed within the deadline.

In 2025 and 2026, many of these permits expire. The political situation in Venezuela has not significantly improved, but the Spanish authorities assess each file individually. The most frequent question reaching our firm is: what can I do when my permit expires or when renewal is refused?

The available options

1. Renewal of the humanitarian authorisation

If the situation in Venezuela that prompted the initial grant persists, it is possible to apply for the renewal of the same authorisation. The application must be filed within the 60 days before expiry, and the holder may remain in Spain while it is decided —even if the deadline has passed— provided the application was filed on time and the decision is pending.

It is essential to provide up-to-date evidence of the situation in the country of origin and the applicant's connection to it: UNHCR reports, recent verified news, and any record of personal persecution. The right documentation makes the difference between a renewal granted and one refused.

2. Social roots (arraigo social)

The new Immigration Regulations (Royal Decree 1155/2024) reduced the required period of residence for social roots (arraigo social) from three to two years. This route allows regularisation for those who have spent at least two years in Spain, can prove ties to the country (municipal registration certificate, family relationships, participation in integration programmes) and hold an employment contract or sufficient financial means.

For Venezuelans who have been in Spain for more than two years —including those who held a now-expired humanitarian authorisation— social roots is the most direct route to an initial residence and work authorisation of two years, renewable.

3. Socio-labour roots (arraigo sociolaboral)

Also provided for in Royal Decree 1155/2024, socio-labour roots requires proof of a prior employment relationship of at least six months with an employer in Spain. The relationship may have taken place informally —the tax and social security authorities are not the sole means of verification— and what is assessed is the reality of the services provided. It is the right route for those with a documentable employment history even if they did not contribute to social security regularly.

4. Work authorisation as an employee

If the Venezuelan citizen holds a job offer from a Spanish company, an initial residence and work authorisation may be processed under Article 63 of Organic Law 4/2000. It requires the employer to begin the procedure before the relevant Government Delegation and to show that the post cannot be filled by workers already in a regular situation (save for shortage occupations, which are exempt from this requirement).

5. Long-term residence

Anyone who has lawfully and continuously resided in Spain for five years —combining periods under different authorisations, provided there are no interruptions exceeding six months in any year and ten months in total— may apply for long-term residence (Article 148 of Royal Decree 1155/2024), which grants rights almost equivalent to those of a Spanish citizen and requires no periodic renewal.

6. International protection: asylum

For those fleeing individualised persecution —on grounds of race, religion, nationality, political opinion or membership of a particular social group— an asylum application under Law 12/2009 on the right of asylum and subsidiary protection is the appropriate route. The application should be filed as soon as possible: at the border, on entry, or within Spanish territory. The organisations UNHCR Spain, CEAR and the Red Cross provide free legal assistance.

Subsidiary protection is the figure closest to humanitarian protection and may be granted where individual persecution is not established but serious harm would arise on return (Article 4 of Law 12/2009).

What you must not do: let the permit lapse

A situation of supervening irregularity —where the permit expires without any application for renewal or new authorisation having been filed— has severe consequences: the inability to work lawfully, the risk of expulsion proceedings being opened and, in general, loss of access to most administrative services. An irregularity of more than three years significantly hampers later regularisation.

The practical principle is clear: file the renewal or new authorisation application within the deadline, even if your documentation is not perfect. An application filed on time keeps your situation regular while it is decided; one filed late does not.

How we help you regularise your residence in Spain at RCM Legal

The main source of difficulty in these files is not a lack of documentation: it is having let the permit lapse without filing any application. A supervening irregularity of more than three years significantly complicates later regularisation and may give rise to expulsion proceedings that, had action been taken in time, would never have occurred. Acting before the permit expires —or as soon as the irregular situation is detected— is the difference between an ordinary procedure and one of greater complexity and cost.

At RCM Legal we analyse each client's specific situation —length of residence, employment history, family and social ties in Spain, situation in the country of origin— and identify the route with the best chance of success. We prepare the complete file, manage the appointment and filing before the Government Delegation in Murcia, and in the event of refusal we appeal administratively or before the administrative courts. If you or a member of your family needs to regularise their situation in the Region of Murcia, tell us about your case.